HomeMy WebLinkAbout2009-01-27; City Council; 19699; Continuation of Local Declaration EmergencyCITY OF CARLSBAD - AGENDA BILL
19,699AB#
MTG. 1/27/09
DEPT.ENG
CONTINUATION OF LOCAL DECLARATION OF EMERGENCY
FOR REPAIR OF SINKHOLE AND STORM DRAIN FROM
CARLSBAD BOULEVARD TO OUTFALL IN NORTH COUNTY
TRANSIT DISTRICT RIGHT-OF-WAY, PROJECT NO. 3624
DEPT. HEAD ^ f J"
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2009-016 to continue the Declaration of Local Emergency for Repair of
a Sinkhole and Storm Drain from Carlsbad Boulevard to North County Transit District (NCTD) Right-
of-Way.
ITEM EXPLANATION:
Due to the nature of the construction efforts associated with the repairs for the sinkhole and storm
drain from Carlsbad Boulevard to NCTD right-of-way, it is necessary to continue the emergency
declaration to ensure repair work can be completed. Staff will continue to monitor the progress of
repairs by the contractor to abate the emergency, and a recommendation to continue or end the
declaration will be made in two weeks.
ENVIRONMENTAL IMPACT:
The project involves the replacement of an existing storm drain pipe and, therefore, is exempt from
further environmental documentation pursuant to Section 15302 of CEQA - Replacement or
Reconstruction.
FISCAL IMPACT:
The estimated cost for this project is $505,000, which includes the costs for design, construction and
City staff. Cost increases could occur due to unforeseen conditions. As shown in the table below,
sufficient funds are currently available in Project No. 3624.
CARLSBAD BOULEVARD STORM DRAIN REPLACEMENT - PROJECT NO. 3624
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Environmental Mitigation & Monitoring
Right-of-Way Acquisition
Studies and Reports
TOTAL
APPROPRIATED
TO DATE
$63,000
442,000
0
0
0
$505,000
EXPENDITURES/
ENCUMBRANCES
TO DATE
$53,115
1,000
0
0
0
$54,115
REMAINING
BALANCES
$9,885
441,000
0
0
0
$450,885
DEPARTMENT CONTACT: Eva Plajzer, 760-602-2787. eplai@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
9ann
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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Page 2
EXHIBITS:
1. Declaration of Local Emergency.
2. Resolution No. 2009-016 to continue the Declaration of Local Emergency for repair of a
sinkhole and storm drain from Carlsbad Boulevard to North County Transit District Right-of-
Way, Project No. 3624.
EXHIBIT
DECLARATION OF LOCAL EMERGENCY
WHEREAS, the City Council of the City of Carlsbad empowers the City Manager
to proclaim the existence of a local emergency when said City is affected by a public
calamity and the City Council is not in session; and
WHEREAS, the City Manager of the City of Carlsbad, California does hereby
find:
That conditions of extreme peril to the safety of persons and property have arisen
within the City of Carlsbad caused by a sinkhole at 2550 Carlsbad Boulevard, in
Carlsbad, California; and
That these conditions are creating unexpected occurrences that pose a clear and
imminent danger and required immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services, and are or are likely to
be beyond the control of the services, personnel, equipment and facilities of the City of
Carlsbad; and
That these conditions do not permit a delay resulting from a competitive
solicitation for bids, and that the action is necessary to respond to the emergency; and
That the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
now exists throughout the City of Carlsbad, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said local emergency, the powers, functions and duties of the emergency organization of
the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of •
the City of Carlsbad Emergency Plan.
Dated: .1 1—*« -" -^=—'j. Hildabrand, City Manager
City of Carlsbad, California
1
RESOLUTION NO. 2009-016
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, TO CONTINUE THE DECLARATION OF LOCAL
EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN
4 FROM CARLSBAD BOULEVARD TO NORTH COUNTY TRANSIT
DISTRICT RIGHT-OF-WAY. PROJECT NO. 3624.
5
WHEREAS, on December 5, 2008, a sinkhole was discovered at 2550 Carlsbad
6
Boulevard; and
7
WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2550 Carlsbad8
Boulevard; and9
WHEREAS, the sinkhole and damaged storm drain pipe have the potential to cause
erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District
11
right-of-way; and
12
WHEREAS, emergency repairs are needed to mitigate further damage to real property;
13 and
WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
16 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
17 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
18 Code gives the City Manager authority to declare a public emergency subject to confirmation by
the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
of the emergency; and
WHEREAS, said local emergency continues until the sinkhole and all associated
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components and conditions have been restored and declared abated by order of the City Manager
22
and City Council; and
23 WHEREAS, on December 16, 2008, City Council declared a state of Local Emergency;
24 and
25 WHEREAS, on January 13, 2009, City Council declared a continuing state of Local
Emergency; and
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1 WHEREAS, the City Council has received the necessary information and update in order
2 to evaluate the continuing need for a local state of emergency; and
3 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
4 intent.
5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
6 California, as follows:
7 1. That the above recitations are true and correct.
8 2. There is a need to continue the state of the local emergency declared Tuesday,
9 December 16, 2008, by adoption of Resolution No. 2008-342, which includes mitigation of
10 property damage, placement of erosion control devices and construction and placement of storm
11 drain and associated devices.
12 3. That the City Manager or her designee is authorized and directed to complete
13 and file all appropriate forms and documents necessary to abate the emergency and to obtain the
14 maximum cooperation and assistance both financial and otherwise in responding to this
15 emergency.
16 4. That every fourteen days or at the next scheduled meeting the City Manager
'' shall review with City Council the emergency actions taken to date and determine the need to
18 continue the emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of January, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
LEWISTMayor
ATTEST:
TORRAINE M. WOOD, City"Cleric
(SEAL)